MICHAEL ANTHONY NEWGENT, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Garcia v. State, 981 So. 2d 561 (Fla. 3d DCA 2008)
  …fendant is entitled to withdraw his plea. State v. Warner, 762 So. 2d 507 (Fla.2000); Goins v. State, 672 So. 2d 30 (Fla.1996); Williams v. State, 958 So. 2d 529 (Fla. 4th DCA 2007); Taylor v. State, 919 So. 2d 669 (Fla. 2d DCA 2006); Roye v. State, 693 So. 2d 1072 (Fla. 5th DCA 1997). As that is precisely what occurred in this case, on remand, the defendant shall be allowed to withdraw his plea and proceed with this cause.1 Reversed and remanded with instructions. . We are not unmindful that the proper…
• Miles J. Gloss, Jr. v. State, 739 So. 2d 729 (Fla. 5th DCA 1999)
  …the trial court after he pled nolo contendere to the charges of burglary of a dwelling and grand theft.1 He contends that the trial court erred in imposing a sentence which exceeded the sentence agreed upon in the plea agreement. See Roye v. State, 693 So. 2d 1072 (Fla. 5th DCA 1997); see also Russell v. State, 645 So. 2d 1087 (Fla. 4th DCA 1994). However, Mr. Gloss failed to raise this objection at the trial level, and he did not file a motion to correct his sentence. See F.la.R.Crim.P. 3.800. He also failed…
• Lewis v. State, 959 So. 2d 800 (Fla. 2d DCA 2007)
  …“may not unilaterally .impose additional conditions after it has formally accepted the plea agreement without the acquiescence of defendant or defendant’s counsel.” Russell v. State, 645 So. 2d 1087, 1088 (Fla. 4th DCA 1994); see also Roye v. State, 693 So. 2d 1072, 1075 (Fla. 5th DCA 1997). Instead, additional conditions may be imposed as a modification of the plea agreement only if those conditions have been clearly and unequivocally understood by and agreed to by the defendant. Roye, 693 So. 2d at 1075; Rus…